The clash between the Right to be Forgotten and the Public's Right to Know

Although the Right to be Forgotten aims to protect a person from the negative impact of digital footprints, the existence of this regulation also raises various questions in the community. Will the deletion of digital footprints clash with the public's right to obtain information and the principle of freedom of the press? In addition, doubts and concerns still arise, will the regulation be a loophole for public officials to whitewash their negative track records from the digital space? As we all know, a person's track record in relation to the public interest must still be known as a form of information transparency to the public.

The concept of the Right to be Forgotten actually has a legal basis, although it is still not fully established specifically in a separate regulation. The provision was once regulated in Article 26 of Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) [2], which gives a person the right to apply for the deletion of certain electronic information based on a court order. The regulation was further strengthened by Law Number 27 of 2022 on Personal Data Protection (UU PDP) [3], which emphasizes the importance of individuals having control over their own personal data.

The government's plan to include the Right to be Forgotten in the revision of the Human Rights Law shows that the issue of digital footprints is now seen as part of the protection of human rights in the modern era. The strengthening of the regulation is expected to provide legal certainty to someone who suffers losses due to irrelevant information. However, in its application, it still requires clear limits and mechanisms so that this right is not used carelessly. This is because the protection of one's privacy also needs to consider the public interest in information disclosure and freedom of the press.